Law: General Questions about 498-A IPC and will

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    • #4252
      Anya
      Guest

      Respected Sir,

      General questions:

      1. A wife who lodges false 498a etc. cases and then later regrets either genuinely or may be as there is no other option available. Should such wife be trusted and taken back to matrimonial home by husband? If one decides to take her back then what legal assurance/safeguards are available under the law should be taken that would prevent/protect husband and his family in future against such false actions/cases etc.

      2. Does a personal property will of a person overrides existing property distribution/inheritance laws after his/her death?

      Thanks in advance Sir.

    • #4255

      Please note that, on this Forum, it is not possible for us to reply to questions other than questions relating to law. Whether the wife should be taken back in her matrimonial home by the husband or not, and whether or not the husband should trust her in future, are the questions about which the decision has to be taken by the husband and/or his family members, depending on facts and circumstances of the case. We cannot reply to any such questions.

      Nobody can guarantee about future about no case (or false case) being filed in future by wife or by any other person. There is no such guarantee in law. Try to keep good behaviour and good relations. But, there is no guarantee from law point of view. There have been many cases in which cases have been filed even subsequent to a settlement between wife and husband. Moreover, what is the guarantee that the husband would not misbehave again?

      It all depends on the mutual trust and behaviour. No written agreements or contracts can prevent the wife from filing a future complaint if an offence is committed in future, or in fact, even if she wants to file a false case. You can only get the false case quashed or get acquittal therein. But, can you prevent any person from filing such case, if such person can fabricate a story? In any case, a complaint would generally be filed in your absence before the police or the court, and you may get a chance to represent against its filing.

      It is difficult to comprehend your second question. But to the extent I could understand your question, let me state generally that a person can make a will only in respect of his share of property. So, under the existing property distribution, if a person has some share in the property then he would be in a position to make a will only in respect of his share in such property. He cannot make a will in respect of some property that does not belong to him, or in respect of the part of the property which is not a part of his share.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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